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UKGI00008205
From: O'Neill, Elizabeth - UKGI[/O=HMT/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=4A1FD06739F94E53BCF 1774F748A57DC-
O'NEILL, ELIZABETH (]
Sent: Thur 05/07/2018 2:53:22
To: Clarke, Stephen - UKG!
Ce: Cooper, Tom - UKGI.
Subject: RE: Official Sensitive: Post Offic
Aldred, Tom - UKGIf_
Disclosure Protocol for Civil Litigation
Thanks Stephen, noted.
The first example is dealt with by us adding the senior official to the list and that person signing the onboarding. No
need for prior consent of POL.
The second example below is provided for under the Protocol (see para 1.8).
Elizabeth
From: Clarke, Stephen - UKGI
Sent: 05 July 2018 11:42
To: O'Neill, Elizabeth - UKGI
Cc: Cooper, Tom - UKGI {
Subject: RE: Official Sensitive:
Thanks Elizabeth. I just called Madhav to gauge the Perm Sec’s concerns and offer our assistance in resolving these,
including a face-to-face briefing if needed. It seems his concerns are two-fold:
-What if he needs to brief another senior official or minister on the case? Apparently he gave the eg of the PM to
underline the point!
-What if another legal or administrative process requires him to divulge information? He mentioned the NAO in
particular.
He’s asking BEIS lawyers for advice on these issues. I encouraged that you be consulted too given your expertise and
detailed knowledge of the litigation and the Protocol. I think Madhav will also be in touch with a follow-up question
on the NDA precedent that you gave.
Stephen
Stephen Clarke I Post Office Shareholder Team
UK Government Investments
Corporate finance and governance in government.
1 Victoria Street I London I SW1H OET
From: O'Neill, Elizabeth - UKGI
Sent: 05 July 2018 09:31
; Clarke, Stephen - UKGI
; Clark Spad, Mpst (BEIS)
Aldred, Tom - UKGI <¥ GRO. ‘cooper, Tom -
‘Sst Office: Disclosure Protocol for Civil Litigation
Madhav
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To note that the protocol was discussed and agreed with BEIS legal — we sighted Gareth Evans ahead of agreeing it.
Best wishes,
Elizabeth
From: Permanent Secretary f
Sent: 04 July 2018 19:31
To: Clarke, Stephen - UKGI <%
O'Neill, Elizabeth - UKGI
Clark Spad, Mpst (BEIS) ¢
dred, Tom - UKGI <i__ GRO. “Icooper, Tom -
Permanent Secretary
ist Office: Disclosure Protocol for Civil Litigation
Hi Stephen,
Alex has raised concerns about signing the letter and has asked me to commission advice from our legal team around
this. I will be getting in touch with the relevant people tomorrow, but I expect this means it is unlikely we can have
the submission shared on Monday.
Thanks,
Madhav
we Madhav Bakshi
Department for Private Secretary to Alex Chisholm, Permanent Secretary
1 Victoria Street London SW1H OET
Business, Energy
& Industrial Strategy
w
The Permanent Secretary's box closes at 12pm each working day.
Advice on working with the Permanent Secretary's office can be found here.
Does this email or any attachments need to be “on the record” or available to others for their day to day work? If so, it
is the responsibility of the policy team to save information into SharePoint, in line with Cabinet Office and Departmental
guidance
From: Clarke, Stephen - UKGI
Sent: 04 July 2018 09:28
To: Clark Spad, Mpst (BEIS)
Permanent Secretary <_
cooper, Tom -
Hi Bex,
Many thanks for confirming. The submission is ready to go as soon as we receive the signatures back — ideally this
week so that we can submit on Monday.
Regards,
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Stephen
Stephen Clarke I Post Office Shareholder Team
UK Government Investments
Corporate finance and governance in government.
1 Victoria Street I London I SW1H OET
From: Clark Spad, Mpst (BEIS) [/
Sent: 03 July 2018 17:48
To: O'Neill, Elizabeth - UKGI <
Clarke, Stephen - UKGI
‘>; Aldred, Cooper, Tom -
Subject: RE: Official Sensitive: Post Office: Disclosure Protocol for Civil Litigation
Hi All,
Thanks for the further information on this matter. Glenn is content for the disclosure to be signed and I have relayed
this to Perm Sec and Griffiths offices.
Best wishes,
Bex
Rebecca Lowe, Assistant Private Secretary, Special Advisers’ Office
From: O'Neill, Elizabeth - UKGI
Sent: 03 July 2018 11:47
To: Permanent Secretary
__.... GRO Clarke, Stephen - UKGI
lark Spad, Mpst (BEIS) ¢.
Cooper, Tom -
UKGI }
Subject: Official Sensitive: Post Office: Disclosure Protocol for Civil Litigation
Madhav,
I’ve just chatted this through with Charlie and I don’t think there really is any easy work around here, no.
At most, we could tell POL that the Minister has been told about the privileged nature of the information so did not
actually sign, but was advised about its special status.
Very happy to speak/give context,
Best wishes
Elizabeth
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From: Permanent Secretary
Sent: 03 July 2018 11:02
To: O'Neill, Elizabeth - UKGI ¢
Clark Spad, Mpst (BEIS) <_
Clarke, Stephen - UKGI
cooper, Tom -
st Office: Disclosure Prot
Hi Elizabeth,
For the sake of clarity, is your conclusion that there isn’t really a work around under which PS, the Minister and Glenn
do not have to sign the disclosure document? Bex had asked me to present this issue to PS, but as we don’t really
have any alternatives right now I’m not sure there’s much point.
Thanks,
Madhav
288 nent for Prvate Secretary to Alex Chisholm, Permanent Secretary
Business, Energy 1 Victoria Street London SW1H OET
& Industrial Strategy
The Permanent Secretary's box closes at 12pm each working day.
Advice on working with the Permanent Secretary's office can be found here
Does this email or any attachments need to be “on the record” or available to others for their day to day work? If so, it
is the responsibility of the policy team to save information into SharePoint, in line with Cabinet Office and Departmental
guidance
From: O'Neill, Elizabeth - UKGIi_
Sent: 29 June 2018 12:15
To: Clarke, Stephen - UKGI
Cc: Griffiths, Mpst (BEIS)/”
Aldred, Tom - UKGI <
Subject: RE: Official Sensitiv
) Clark Spad, Mpst (BEIS)
Permanent Secretary
cooper, Tom - UKGI ¢
isclosure Protocol for Civil Litigation
Hello Bex,
The key distinction for Glenn’s purposes is that the legal advice/privileged material here is not our own, but that of
distinct legal entity (ie it belongs to POL) . Recent judgments have eroded legal privilege, and POL ‘s legal team is very
worried about circulation of its advice in government and initially refused point blank to give us anything.
To my recollection, BEIS had similar convoluted arrangements for receipt of the NDA ‘s privileged material as well —
similar restrictions were even applied in the context of a Parliamentary Committee (who have a statutory right to call
for all material irrespective of its privileged nature).
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Do tell Glenn that I am reachable on the number below if he wants to discuss,
Best wishes
Elizabeth
Elizabeth O’Neill IGeneral Counsel
UK Government Investments
I will still receive emails sent to my old address until 30 April 2018. Thereafter you will only be able to contact
me on my new address and emails sent to my: ddress will not be forwarded.
I would be grateful if you could note this and change my contact details accordingly.
From: Clarke, Stephen - UKGI
Sent: 28 June 2018 09:43
To: Clark Spad, Mpst (BEIS)
Cc: Griffiths, Mpst (BEIS) <(~
Aldred, Tom - UKG: I
Subject: RE: Official Sensitiv
O'Neill, Elizabeth - UKGI <
Hi Bex,
Many thanks for following up on this. I am copying to Elizabeth, UKGI’s Legal Counsel, whose team negotiated the
Disclosure Protocol with POL and will be best placed to provide advice on the issue around the closed distribution
list/signing up to confidentiality obligations.
Regards,
Stephen
Stephen Clarke I Post Office Shareholder Team
UK Government Investments
Corporate finance and governance in government.
1 Victoria Street I London I SW1H OET
From: Clark Spad, Mpst (BEIS)
Sent: 26 June 2018 16:47,
To: Clarke, Stephen - UKGI <
Cc: Griffiths, Mpst (BEIS) :
Subject: RE: Official Sensitiv
Permanent Secretary
Hi Stephen,
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As you remember, Glenn queried why we need to sign this document when a lot of the work we do in the office is
legally priveledged and commercially sensitive. You helpfully clarified that POL’s legal team refused to share legally
privileged info unless certain safeguards were put in place, including tightly controlled distribution of info. It took a
couple of months negotiation between UKGI Legal and POL Legal to achieve this in the form of this Disclosure Protocol
and POL are now sending regular updates which is a big step forward.
Glenn is still hesitant for the minister/himself to sign the document — you mentioned there may be a work around.
Glenn also asked for advice on this issue from the Perm Sec. I understand from Madhav he is away until the end of the
week. Grateful if you could provide clarity on a work around to this office, Griffiths office and Perm Sec office for
when Alex is back (Madhav can you fill in on timings?) so he can consider all the possible options.
I have discussed and agreed this approach with Madhav and Sam in Griffiths office.
Thanks,
Bex
Rebecca.Lowe Assistant Private Secretaru.Snecial Advisers’ Office
Tel:
Email
From: Clarke, Stephen - UKGI
Sent: 21 June 2018 13:13
To: Miles, Annabelle (Communications)
4 aylor, Tom (Finance & Portfolio) <!"
Evans, Gareth (BEIS)
; Clark Spad, Mpst (BEIS)
Cc: Aldred, Tom - UKGI
Lambert, Helen - UKGI <7”
Subject: Official Sensitive: Post Office: Disclosure Protocol for Civil Litigation
All,
I think most of you are aware of ongoing civil litigation that the Post Office is contesting in relation to its IT system — if
not I’m happy to brief you on the basics offline.
To enable updates on the case for the Perm Sec and the Minister while protecting POL’s legally privileged information,
UKGI and POL Legal Counsels have just agreed the attached Disclosure Protocol. Under the Protocol, one of the
safeguards is limiting circulation to a small number of named individuals (see appendix B of the attached) who agree
to abide by certain confidentiality obligations (see appendix A of the attached).
We've identified you as essential stakeholders to be kept in the loop on this case — e.g. copied into submissions
and/or attend oral briefings. If you agree you are the right people and are happy to abide by the contents of the
attached Protocol, please could you:
- Sign and return to me page one of the attached asap (as we'll shortly be submitting an update sub)
- Let me know if there’s anybody else in your team who is essential to add to the distribution list
Hopefully the Protocol Document itself is self-explanatory but let me know if you have any questions. I’ve already
discussed this with PS-Andrew Griffiths and PS-Perm Sec who are arranging the necessary signatures there.
Regards,
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Stephen
Stephen Clarke I Post Office Shareholder Team
UK Government Investments
Corporate finance and governance in government.
1 Victoria Street I London I SW1H OET
¢ aeaapan “I
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